Spare The Rod, Save A Child: Why The Supreme Court Should Revisit Ingraham V. Wright And Protect The Substantive Due Process Rights Of Students Subjected To Corporal Punishment,
2017
Benjamin N. Cardozo School of Law
Spare The Rod, Save A Child: Why The Supreme Court Should Revisit Ingraham V. Wright And Protect The Substantive Due Process Rights Of Students Subjected To Corporal Punishment, Lekha Menon
Cardozo Law Review
No abstract provided.
The Equal Rights Amendment: A Legal Assessment,
2017
St. John's University School of Law
The Equal Rights Amendment: A Legal Assessment, Wilfred R. Caron
The Catholic Lawyer
No abstract provided.
Abortion And The Conscience Of The Nation,
2017
St. John's University School of Law
Abortion And The Conscience Of The Nation, Ronald Reagan
The Catholic Lawyer
No abstract provided.
Humane Provisions For Aborted Human Remains,
2017
St. John's University School of Law
Humane Provisions For Aborted Human Remains, Patrick Monaghan
The Catholic Lawyer
No abstract provided.
Human Life Federalism Amendment - I. Legal Aspects,
2017
St. John's University School of Law
Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University Of California
The Catholic Lawyer
No abstract provided.
Human Life Federalism Amendment - I. Legal Aspects,
2017
St. John's University School of Law
Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq.
The Catholic Lawyer
No abstract provided.
Human Life Federalism Amendment - I. Legal Aspects,
2017
St. John's University School of Law
Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference
The Catholic Lawyer
No abstract provided.
The Loving Analogy: Race And The Early Same-Sex Marriage Debate,
2017
Purdue University
The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn
The Purdue Historian
In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of …
The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia,
2017
St. John's University School of Law
The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia, Joseph J. Tesoriero
The Catholic Lawyer
No abstract provided.
Tinkering With Tinker: Applying A New Test To Peer On Peer Bullying In Social Media,
2017
University of Oklahoma College of Law
Tinkering With Tinker: Applying A New Test To Peer On Peer Bullying In Social Media, January Turner
Oklahoma Journal of Law and Technology
No abstract provided.
Luther V. Borden: A Taney Court Mystery Solved,
2017
University of Texas Law School
Luther V. Borden: A Taney Court Mystery Solved, Louise Weinberg
Pace Law Review
It has not been generally remarked that Chief Justice Taney wrote surprisingly few of the Taney Court’s major opinions—those cases that tend to be anthologized and remembered by generalists. Those major cases which Taney did write are consistently about slavery (or states’ rights or state powers, which in Taney’s mind may have amounted to the same thing). There is a notable exception: Luther v. Borden—a case about the Guarantee Clause. This raises a question. Setting aside his opinions on slavery or states’ rights, what could have moved the author of Dred Scott, by consensus the worst Supreme Court opinion in …
Critical Abortion Litigation,
2017
St. John's University School of Law
Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois
The Catholic Lawyer
No abstract provided.
Photography And The Right To Privacy: The French And American Approaches,
2017
St. John's University School of Law
Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner
The Catholic Lawyer
No abstract provided.
National Origin Discrimination Against Americans Of Southern And Eastern European Ancestry: A Review Of The Legal History And Judicial Interpretations,
2017
St. John's University School of Law
National Origin Discrimination Against Americans Of Southern And Eastern European Ancestry: A Review Of The Legal History And Judicial Interpretations, Rachel Rossoni Munafo
The Catholic Lawyer
No abstract provided.
Prohibiting Child- Parent Visitation After Parental Rights Are Terminated By Trial In New York: A Denial Of Parental Due Process,
2017
Benjamin N. Cardozo School of Law
Prohibiting Child- Parent Visitation After Parental Rights Are Terminated By Trial In New York: A Denial Of Parental Due Process, Rachel Turetsky
Cardozo Law Review
The note argues that New York's current statutory framework denying posttermination contact for parents after a trial termination is constitutionally and policy-deficient. It advocates for a legislative amendment to permit courts to order posttermination contact or communication when it serves the best interests of the child, aligning with due process rights and the majority of U.S. jurisdictions.
Of Carrots And Sticks: General Jurisdiction And Genuine Consent,
2017
Northwestern University Pritzker School of Law
Of Carrots And Sticks: General Jurisdiction And Genuine Consent, Craig Sanders
Northwestern University Law Review
The United States Supreme Court’s 2014 decision in Daimler AG v. Bauman changed how the courts will determine whether companies should be subject to general personal jurisdiction. In 1945, Pennoyer v. Neff’s geographical fixation gave way to International Shoe Co. v. Washington, which provided a test for courts to determine whether corporations had sufficient contact with a forum to meet the bar for personal jurisdiction there. Specific jurisdiction requires “minimum contacts,” provided the action is satisfactorily related to the forum. However, to be subject to general jurisdiction, a corporation must possess more than just “minimum contacts,” and claimants …
Federal Habeas Review Of State Court Convictions: Incoherent Law But An Essential Right,
2017
University of Maine School of Law
Federal Habeas Review Of State Court Convictions: Incoherent Law But An Essential Right, Lynn Adelman
Maine Law Review
I thank the editors of the Maine Law Review for the opportunity to participate in a discussion about the present state of post-conviction review of criminal convictions. This discussion is important and timely both because the quality of the procedures by which state prisoners can obtain post-conviction review varies greatly from state to state and because state prisoners who seek federal court review of their constitutional claims by petitioning for a writ of habeas corpus face many obstacles. As a federal district judge, my experience is primarily with the later problem. Thus, in this article, I will offer a few …
Pushing The Limits: Reining In Ohio's Residency Restrictions For Sex Offenders,
2017
Cleveland-Marshall College of Law
Pushing The Limits: Reining In Ohio's Residency Restrictions For Sex Offenders, Taurean J. Shattuck
Cleveland State Law Review
The danger to children posed by convicted sex offenders living near schools, parks, and bus stops has been greatly exaggerated by the media. In turn, many state legislatures have attempted to find solutions to this perceived problem, imposing sanctions that seem to keep the "problem" at bay. A relatively new approach prevents those convicted of sex crimes from living within a certain distance of places where children congregate. Ohio is one of the states that has adopted this approach. The problem with this approach, however, is that imposing such restrictions on all individuals convicted of certain crimes imposes barriers to …
Dissenting From History: The False Narratives Of The Obergefell Dissents,
2017
University of California - Irvine
Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie
Indiana Law Journal
According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social history, all in an …
Human Dignity In Judicial Decisions: Principles Of Application And The Rule Of Law,
2017
Hadassah Academic College
Human Dignity In Judicial Decisions: Principles Of Application And The Rule Of Law, Doron Shultziner
Cardozo Journal of International and Comparative Law
Human dignity has become a central legal concept worldwide and has been increasingly employed in judicial decisions in many jurisdictions, including in countries that do not incorporate it into their constitutions. However, due to the acknowledged vagueness of the concept, scholars and judges alike have identified many difficulties in its application and specific challenges that it poses to the rule of law. This Article addresses those challenges and proposes four formal principles for the use of human dignity in judicial decisions: using the concept strictly in relation to written law; defining the concept and its actual meaning in rulings; maintaining …
